Wednesday, April 28, 2004

Federal Judge refuses to order drug tests for marijuana defendant

The residual effects of the 9th Circuit's precedent setting decision in Raich v. Ashcroft continue to ripple through the legal system. U.S. Magistrate Judge Edward M. Chen cited the case and noted that under the precedent, "courts must "tread very lightly" on medical marijuana issues."

Convicted of marijuana cultivation, Keith Alden was sentenced in December 2002 to 44 months in federal prison, but he went free April 1 after a panel of three 9th Circuit judges -- citing the Raich ruling -- ordered him freed pending an appeal of his conviction. He's the first person released from prison due to the ruling.

I love this kind of talk from the bench. It almost makes you want to move to California doesn't it?

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